MOUSUMI BHATTACHARJEE Vs. DEBASISH BHATTACHARJEE

JUDGEMENT

(1.) This is an application under sec. 24 of the Code of Civil Procedure seeking transfer of matrimonial suit no 1765 of 2017, currently pending before the learned Additional District Judge, 3rd Court Barasat. By this application, the petitioner has prayed for transfer of the said matrimonial suit from Barasat to Assansol where she has been presently residing at her parental home. It is the case of the petitioner that she was married to the opposite party under the Hindu Rites and Customs on 6/7/1998 and due to severe torture and misbehavior of the husband she had to leave her matrimonial home and presently residing with her parents. The petitioner stated that she has a minor child of 17 years old. It is difficult for her to contest the proceeding in the Court at Assansol, taking the said minor child. That apart, the distance from her present place of residence to the Assansol Court is also too long which she cannot cope up with. In addition thereto, the petitioner has made out a further case that a case under sec. 125 of the Code of Criminal Procedure filed by the wife some time in the year 2014 being miscellaneous case no. 394 of 2014 is pending before the learned Judicial Magistrate, 7th Court, Assansol and on perusal of the ordersheets it appears that the husband has been contesting the said proceeding and has suffered an order dtd. 19/12/2014 whereby the learned Judicial Magistrate directed payment of arrear amount and regular payment of a sum of Rs.4000.00 per month to be paid within 10th of each succeeding month according to the English calendar. It is submitted by the learned advocate for the petitioner that even the said order has not been carried out by the husband.

(2.) In my view, since a proceeding being miscellaneous no.394 of 2014 is pending in the Court of the learned Magistrate at Assansol, there is no justification for the matrimonial suit to be tried before the Barasat Court. Learned advocate appearing for the opposite party-husband suggests that to meet the convenience of both the parties the matrimonial suit may be withdrawn from the Court of Barasat and be placed in any Court at West Burdwan. However, in view of the pendency of the said miscellaneous case no.394 of 2014 contested by the husband, I cannot accept the suggestion of the opposite party.

(3.) In such circumstances, I direct withdrawal of the matrimonial suit no.1765 of 2017 pending in the Court of the learned Additional District Judge, 3rd Court Barasat and transfer the same before the learned District Judge, West Burdwan at Assansol. The learned District Judge is requested to assign the matter before any other Additional Court. The learned District Judge, 3rd Court, Barsat is directed to transmit all records pertaining to matrimonial suit no. 1765 of 2017 before the Court of the learned District Judge, West Burdwan at Assansol, The learned transferee Court is directed to issue notice afresh to both the parties before proceeding any further with the matrimonial suit.